Access to genetic resources and benefit-sharing

Abstract

This entry examines the notion of access and benefit-sharing in relation to the utilization of genetic resources, starting from the origins of this notion and its evolution since the 1992 Convention on Biological Diversity. In particular, the entry underlines the conceptual differences and distinct legal implications associated with access and benefit-sharing as key-aspects of the biodiversity regime, emphasizing the crucial implications of the issue of ‘access’ for the status of genetic resources under international law while also discussing ‘fair and equitable benefit-sharing’ as the quid pro quo of this status. It then examines the question of benefit-sharing in international environmental law and takes into consideration the significant spill-over effect produced by the concept into different areas of international law, such as health law, the law of the sea, and trade and intellectual property law. It concludes by outlining its potential to reflect emerging principles of (customary) international law.